Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77290177 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examiner has cited Reg. No. 2,320,783 as a grounds for refusal to register Applicant's mark.  Applicant has obtained a consent from the owner of the cited registration and is submitting it herewith.  In the event that the Examiner does not accept this consent, Applicant reserves its rights to submit arguments or evidence against the citation.

EVIDENCE
Evidence in the nature of Consent has been attached.
Original PDF file:
evi_6452233171-152925799_._20080701152225801.pdf
Converted PDF file(s) (1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Cutlery, namely, knives, forks and spoons
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Italy registration number TO96C000049 registered 01/09/1996 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 008 for Cutlery, namely, knives, forks and spoons
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Italy registration number 652 392 registered 03/12/1996 with a renewal date of 03/12/2006 and an expiration date of 03/12/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-6452233171-152925799_._20080701173023963.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
"Applicant claims ownership of U.S. Registration Number(s) 1813742."

Applicant is submitting a signed translation of International Registration No. 652 392 which was based upon Italy Reg. No. 672.737. Applicant erroneously identified the application number of this home registration in its application. Applicant therefore requests that the application be amended to show that it is based upon the International Registration which is an extension of the Italy registration.

FEE(S)
Fee(s) in the amount of $50 is being submitted.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Dennis H. Cavanaugh/     Date: 07/01/2008
Signatory's Name: Dennis H. Cavanaugh
Signatory's Position: Attorney

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 751
RAM Accounting Date: 07/02/2008
        
Serial Number: 77290177
Internet Transmission Date: Tue Jul 01 15:47:34 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2008070115473433
3553-77290177-420d2e0408d4ce8a38cd2fecec
cfbac859-CC-751-20080701152925799997